Self-Defense Bill (HB 1284) Set for Hearing on Jan. 28

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  • GuyRelford

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    In Indiana, a person who defends his life or the life of another with lawful and justified force in self-defense can still be sued by the criminal involved - and face years of incredibly stressful and expensive litigation. HB 1284 (which I drafted), introduced by Rep. Jim Lucas and co-authored by Reps. Ben Smaltz and Christy Stutzman, would weed out the frivolous cases and give real meaning to Indiana's current policy that "No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary." (Ind. Code 35-41-3-2(c))

    I discussed HB 1284 on last night's The Gun Guy Show (link below) - and why this bill should become law in Indiana. Please share - and please contact your state legislators and ask them to support this important legislation - which will be heard in the Judiciary Committee TOMORROW (Monday) at 10:30 am in Room 156-D in the Statehouse.

    You can find contact information for your legislator here: Find your Legislator - Indiana General Assembly, 2019 Session

    Link to HB 1284:
    House Bill 1284 - Self-defense and the defense of others - Indiana General Assembly, 2019 Session

    Link to The Gun Guy Show:
    https://omny.fm/shows/the-gun-guy/01-26-19-the-gun-guy-hour-1

    Guy
     
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    Gaffer

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    Great bill, and hopefully it will pass. I actually got an email from the NRA about this HB on Friday, and I made some contacts with my legislators.

    Thanks for all you do!

    Ron
     

    GuyRelford

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    KellyinAvon

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    It's self-defense, not stand your ground FOX 59. They also seem to miss it's not a gun bill. I see the usual suspects came out against. It's tabled and up for further discussion later in the session.

    Edit: For the use of deadly force to be lawful: loss of life, serious bodily injury, or prevent forcible felony boxes must be checked. Prof Madeira is wrong, this law wouldn't change that.

    INDIANAPOLIS, Ind. - Changes could soon be coming to Indiana’s “Stand Your Ground” law. The proposal, House Bill 1284, would expand protections for someone who uses deadly force to stop a crime, but it’s also creating controversy.


    People who favor this bill say it’s needed to protect law-abiding citizens who use force to keep themselves or others safe. But opponents say if that bill passes as it stands now, it’s a clear path to vigilante justice.
    “I couldn’t just stand there and watch a police officer murdered in front of my eyes when I had the ability to help that day, and so I helped,” said Kystie Phillips during her testimony on Monday in front of the House Judiciary Committee.


    In 2017, Phillips shot and killed a man who was attacking a police officer during a traffic stop outside her home in Rising Sun, Indiana. Prosecutors said she acted lawfully, but she’s now being sued by that suspect’s family.
    “I worry about if I’ll be able to take care of my daughters,” said Phillips. “I worry about how long and how expensive this is going to be.”


    The law would also move the burden of proof to the plaintiff, who would have to convince a judge why the person who used force against them did so unlawfully.
    But, opponents say the bill is too broad.


    “The bottom line is that House Bill 1284 encourages folks to shoot others without a de-escalation process,” said Alexa Griffith, speaking on behalf of Moms Demand Action. That group advocates for stricter gun control measures across the country.


    Indiana University law professor Dr. Jody Lynee Madeira testified against House Bill 1284, although she agrees that people who use justifiable force shouldn’t face civil penalties. However, she said the bill needs more focus on specific types of felonies.


    “The bill, as it stands now, references ‘a felony,’” said Madeira, “and I think we want to make sure that we know this only applies to the commission of forcible felonies…that carry a risk of serious bodily harm.”

    https://fox59.com/2019/01/28/bill-could-expand-indianas-stand-your-ground-law/
     
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    Kirk Freeman

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    “The bill, as it stands now, references ‘a felony,’” said Madeira, “and I think we want to make sure that we know this only applies to the commission of forcible felonies…that carry a risk of serious bodily harm.”

    Is she is referencing the word "felony" in the language from 35-41-3-2(b)(1)? That is when one CANNOT claim self-defense. So, our favorite law professor is arguing for a broader application of self-defense by limiting felonies to "forcible felonies".

    Way to think it through, Professor Brandeis.
     

    Mark 1911

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    Sorry if this seems like an obvious question to you more well-versed people, but I am assuming that this type of bill would only be of interest to the state legislators, and not to the congressional legislators, correct?

    Just asking so as to select the correct people to email. Thanks.
     

    KellyinAvon

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    Sorry if this seems like an obvious question to you more well-versed people, but I am assuming that this type of bill would only be of interest to the state legislators, and not to the congressional legislators, correct?

    Just asking so as to select the correct people to email. Thanks.
    This is in Indy, not D.C. Your State rep and Senator. Fire away to the House Judiciary Committee too if you want.
     

    GuyRelford

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    HB 1284, creating complete civil immunity for the justified use of force in self-defense, successfully passed out of the Judiciary Committee in the House today with a vote of 8-2. Next steps: a second reading and a vote on the floor of the House.

    Huge thanks to committee chairman Jerry Torr (R) for his amazing leadership, author Jim Lucas and co-authors Ben Smaltz (R), Christy Stutzman (R) and Terry Goodin (D).
     

    GuyRelford

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    HB 1284, creating complete civil immunity for the justified use of force in self-defense, successfully passed out of the Judiciary Committee in the House today with a vote of 8-2. Next steps: a second reading and a vote on the floor of the House.

    Huge thanks to committee chairman Jerry Torr (R) for his amazing leadership, author Jim Lucas and co-authors Ben Smaltz (R), Christy Stutzman (R) and Terry Goodin (D).

    Correction: Rep. Ryan Hatfield (D) arrived late to the hearing and was allowed to add his vote (yes), so the bill passed committee 9-2 as Kelly points out. It is also very significant that we've picked up a Democrat co-author in Terry Goodin.
     

    BiscuitsandGravy

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    :yesway: :yesway:, Awesome. Now where is the Gun Guy podcast from 2-2? I'm missing my morning drive time 'lesson'. Was there no show Saturday?

    Edit- my 14 year old Son also enjoys the GG Podcast. He is wanting to get into some training and competition and likes to listen to Guy talk about being a training junkie.
     

    GuyRelford

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    :yesway: :yesway:, Awesome. Now where is the Gun Guy podcast from 2-2? I'm missing my morning drive time 'lesson'. Was there no show Saturday?

    Edit- my 14 year old Son also enjoys the GG Podcast. He is wanting to get into some training and competition and likes to listen to Guy talk about being a training junkie.
    We didn't have a show! (I was bumped by IU basketball - I can't imagine why anyone would've preferred to listen to IU beat #6 MSU in overtime over TGGS, but there you go.)
     

    dung

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    I finally found a sport I enjoy and it doesn't involve shooting baskets. I don't like being bombarded with basketball in the media so I chose a very poor place to live.
     

    KellyinAvon

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    Correction: Rep. Ryan Hatfield (D) arrived late to the hearing and was allowed to add his vote (yes), so the bill passed committee 9-2 as Kelly points out. It is also very significant that we've picked up a Democrat co-author in Terry Goodin.
    IIRC both Goodin and Hatfield are pro-2A. We do have a few D's on our side of the 2A issues here in the Great State of Indiana.
     
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